The decision of the Constitutional Court of Türkiye, dated 26/02/2026 and bearing the Basis number 2026/49 and the Decision number 2026/48, published in the Official Journal dated Thursday, 21 May 2026 and bearing the issue number 33260, annulled the provision set forth in Article 362(1)(a) of the Code of Civil Procedure numbered 6100, which reads as follows: “Decisions concerning cases whose amount or value does not exceed forty thousand Turkish Lira (inclusive).” The annulment applies specifically with respect to situations where “the regional appeal has been partially or fully upheld”, thereby finding the exclusion from cassation review unconstitutional.
In its reasoning, the Constitutional Court stated that where a first-instance court decision—against which cassation is not available—is set aside by the Regional Court of Appeal upon acceptance of an appeal, and a new ruling on the merits is rendered for the first time by that court, the inability to seek cassation review against such a decision would impair the right to request judicial review of a judgment. The Court further held that, in its current form, the provision is contrary to Articles 13 and 36 of the Constitution of the Republic of Türkiye.
Source: https://www.resmigazete.gov.tr/eskiler/2026/05/20260521-9.pdf
